At least 10 female Democratic Senators are calling on Sen. Al Franken (D-Minn.) to resign in wake of multiple sexual misconduct complaints, but according to Judge Andrew Napolitano, it would legally take more than that to get Franken out of the Senate.
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âIt takes two-thirds, 67 senators, to expel him against his will. But no senator has ever been expelled for behavior in which the senator engaged before the senator was in office,â he told FOX Businessâ Stuart Varney on âVarney & Co.â
In order to follow through, Judge Napolitano said the Senate would have to âmaterially change their rules and procedures.â
Judge Napolitano is unsure whether this would ultimately materialize because, in his opinion, it would âopens up a can of wormsâ for pre-senatorial behavior for the other 99 sitting senators.
âPolitically this is catastrophic for a Senator Franken,â Judge Napolitano added.